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Home > Policy > White Paper, Notice, Announcement > White Paper > JAPANESE GOVERMENT POLICICIES IN EDUCATION, SCIENCE AND CULTURE 1994 > PART II Chapter 9 Section 4 2

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PART II Recent Trends and Developments in Government Policies in Education, Science and Culture
Chapter 9. Toward a Culture-Communicating Society
Section 4. Japanese Language Policy, Copyright Policy, and Administration of Religious Corporations
2. Improving the Copyright System


The copyright system must provide a basis for appropriate relationships between copyright owners and users of their works. It must also take into account the diversification of the forms in which works are used owing to technological innovation, social and economic change, and international trends in copyright systems.

The Agency for Cultural Affairs has amended the copyright system from time to time to reflect changing social needs. Other targets for efforts in this area include the fostering of public understanding of copyright protection.


(1) Deliberations of the Copyright Council and Other Bodies
1. Copyright issues relating to multimedia:

The term "multimedia" is used to describe new communications media and methods for the utilization of those media developed over the past few years. Various groups are studying approaches to the promotion of multimedia. In June 1992 the Copyright Council established the Subcommittee on Multimedia to study copyright issues concerning the development of multimedia. In November 1993 the subcommittee submitted its preliminary report on institutional issues requiring further study and the rules for copyright clearance. It is currently studying institutional issues to cope with the development of multimedia. Since July 1993 the First Subcommittee of the Copyright Council has been conducting comprehensive deliberations concerning the copyright system.


2. Copyright issues relating to computer programs:

The growing use of computer hardware and software and the development of new technology have raised a variety of specific issues concerning copyright protection of computer programs. The Agency for Cultural Affairs has responded by establishing the Consultative Committee for Research and Surveys Regarding Copyright Issues Relating to Computer Programs. In May 1994 the committee submitted a report on its deliberations concerning

(a) research on and analysis of existing computer programs,
(b) provisions on the limitations of copyright pertaining to computer programs (reproduction for private use and the nature of provisions on copyright limitations), and
(c) regulation of devices designed to circumvent copy protection.

3. Rights of performers, directors, and others in relation to secondary use of cinematographic works:

The development of videotape recording and broadcasting has brought about increased opportunities for secondary use of cinematographic works formerly shown in movie theaters. The rights of authors (directors and so on) and performers, however, are limited by the Copyright Law. Unless their rights are specifically stipulated in contracts or other agreements, authors can receive no additional remuneration for secondary use of cinematographic works. In May 1992 the Agency for Cultural Affairs established the Consultative Committee for Research and Surveys Regarding Secondary Use of Cinematographic Works, which is currently studying approaches to the establishment of appropriate relationships among rights holders, taking into account the current state of affairs in the area of secondary use of cinematographic works.


(2) Fostering Public Understanding of Copyright Protection

The Agency for Cultural Affairs annually organizes various copyright seminars for librarians, prefectural government officials with copyright-related duties, and the general public throughout Japan. The Agency also publishes and distributes pamphlets about copyright in cooperation with the Copyright Research and Information Center, an incorporated association that fosters public understanding of copyright protection.

In September 1993 the Agency issued notices requesting reinforcement of measures and actions to protect copyright of computer programs to prefectural boards of education, universities and other institutions of higher education, and major economic organizations. In fiscal 1994 the Agency published and distributed a guidebook on the copyright legislation system in relation to computer programs and its effective management in schools and business enterprises.


(3) International Trends and Cooperation
1. International harmonization of copyright systems:

Works protected by copyright are distributed across national borders. International harmonization of copyright systems is therefore crucial. Negotiations at the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) took up the issue of trade-related aspects of intellectual property rights (TRIPs). In April 1994 the TRIPs Agreement * was finalized. Japan is currently completing formalities for the ratification of this agreement.

The World Intellectual Property Organization (WIPO) is currently deliberating on the formulation of international documents concerning copyright and protection of the rights of performers and phonogram producers. Japan is actively contributing to such efforts to develop an appropriate international copyright protection system.


2. Japan's contribution to international copyright cooperation:

The Agency for Cultural Affairs is making efforts to achieve the goal of establishing global copyright protection through international cooperation. Since fiscal 1993 the Agency has been making an annual financial contribution to the WIPO to fund its Asian Copyright System Development Project, under which seminars and other events are organized for the sake of the establishment and development of copyright systems in Asian countries.


3. Administration of Religious Corporations

Today Japan has a wide range of religious organizations of varying sizes, including large denominations, sects, and orders, as well as shrines, temples, and churches. These organizations engage in a broad spectrum of religious activities. A total of 184,000 religious organizations are incorporated as religious corporations under the Religious Juridical Persons Law.

In recent years attempts have been made by nonreligious groups to take advantage of favorable taxation measures and other advantages available to religious corporations. The Agency for Cultural Affairs is working to improve guidance in this area, and in 1988 a circular was sent to all prefectural governors asking them to ensure the appropriate implementation of procedures relating to such matters as the establishment of religious corporations and authentication of amendments to the rules of those corporations. There have been numerous controversies in the media about matters relating to religious corporations, including internal disputes, tax evasion, excessive profit-making activities, and the disposal of assets. Religious corporations are expected to ensure appropriate management of their affairs through autonomous efforts based on a proper awareness of their social responsibilities. They must therefore be thoroughly aware of the aims of the religious corporation system.

The Agency for Cultural Affairs conducts training seminars for those involved in religious corporations. It also produces a variety of materials, including manuals, case studies, and audiovisual teaching materials (videos), for distribution to religious corporations.

The Agency is working to establish corporate attitudes in religious corporations and to improve the administrative and management skills of religious corporations' personnel. In fiscal 1994 the Agency increased the number of regions covered by its program of practical seminars for people directly involved in the administration of religious corporations.


* Trade-related aspects of intellectual property rights (TRIPs) were one of the new areas for negotiation during the Uruguay Round of multilateral trade negotiations. The TRIPs Agreement is designed to promote the effective and adequate protection of intellectual property rights. Aspects covered in its provisions include the scope of protection of intellectual property rights in terms of copyright, patents, trademarks, geographical indications, and so on, and procedures for the enforcement of relevant rights. Under the section of the agreement dealing with copyright, signatories are required to provide copyright protection under the Berne Convention for the Protection of Literary and Artistic Works, which is the basic convention on international copyright protection. The TRIPs Agreement also stipulates protection of computer programs and new rules relating to the rental of phonograms. The conclusion of the TRIPs Agreement is extremely significant from the viewpoint of expanding the number of countries that observe copyright protection of Japanese works.


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